Part of a comprehensive analysis of the Optometrists and Opticians Act 2007
All Parts in This Series
Prohibition on Unqualified Practice and Advertising: Section 25
Section 25 of the Optometrists and Opticians Act 2007 strictly prohibits any person from carrying out or advertising optometry or opticianry practices unless they are a "qualified person" and comply with prescribed conditions. This provision serves as a fundamental safeguard to ensure that only individuals who have met the necessary qualifications and standards are permitted to provide optometry or opticianry services, thereby protecting public health and safety.
"25.—(1) A person must not — (a) carry out any practice of optometry or opticianry; or (b) advertise or otherwise hold himself or herself out to be qualified to carry out any practice of optometry or opticianry, unless he or she is a qualified person in respect of the practice of optometry or opticianry in question, and he or she carries out that practice in accordance with the prescribed conditions." — Section 25(1)
Additionally, Section 25(2) prohibits the employment of unqualified persons to carry out optometry or opticianry practices. This ensures that employers cannot circumvent the law by delegating professional duties to unqualified staff, maintaining the integrity of the profession.
"A person must not employ any person who is not a qualified person in respect of a practice of optometry or opticianry to carry out that practice of optometry or opticianry." — Section 25(2)
Verify Section 25 in source document →
The rationale behind these prohibitions is to uphold professional standards and protect consumers from unqualified practitioners who may cause harm through improper diagnosis or treatment. By restricting practice and advertising to qualified persons, the Act promotes trust and accountability within the healthcare system.
Definition of "Qualified Person": Section 25(6)
To clarify who is authorized to practice, Section 25(6) defines a "qualified person" in relation to optometry or opticianry. This definition is critical because it sets the legal standard for qualification, linking it directly to registration and possession of a valid practising certificate.
"(6) In this section, “qualified person”, in relation to a practice of optometry or opticianry, means a person who is — (a) registered to carry out; and (b) has in force a practising certificate which authorises the person to carry out, that practice of optometry or opticianry." — Section 25(6)
Verify Section 25 in source document →
This provision exists to ensure that only those who have been formally recognized by the regulatory Board and hold current practising certificates can legally perform optometry or opticianry services. It prevents unregistered or uncertified individuals from operating under the guise of professional legitimacy.
Prohibition on Fee Recovery for Unlawful Practice: Section 26
Section 26 complements the prohibitions in Section 25 by denying any entitlement to demand or recover fees for acts done in contravention of Section 25. This provision deters unqualified practitioners from profiting from illegal practice and protects consumers from paying for unauthorized services.
"26. A person is not entitled to demand, claim, accept, receive, retain or sue for or recover any fee or charge in any court for any act done in contravention of section 25." — Section 26
Verify Section 26 in source document →
The purpose of this section is to remove any financial incentive for unqualified practice and to reinforce the legal requirement that only qualified persons may lawfully provide optometry or opticianry services.
Fraudulent Registration and Use of Certificates: Section 27
Section 27 criminalizes fraudulent acts related to registration and practising certificates. It covers a range of offences including false declarations, forgery, and dishonest use or trading of certificates. This provision is essential to maintain the integrity of the professional registers and to prevent imposters from unlawfully practicing.
"27. Any person who — (a) procures or attempts to procure registration as an optometrist or optician under this Act, a certificate of registration or a practising certificate, by knowingly making or producing or causing to be made or produced any false or fraudulent declaration, certificate, application or representation, whether in writing or otherwise; (b) wilfully makes or causes to be made any false entry in the Register of Optometrists or the Register of Opticians; (c) forges or alters a certificate of registration or practising certificate; (d) fraudulently or dishonestly uses as genuine a certificate of registration or practising certificate which the person knows or has reason to believe is forged or altered; or (e) buys, sells or fraudulently obtains a certificate of registration or practising certificate, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both." — Section 27
This section exists to deter and penalize fraudulent conduct that undermines the regulatory framework designed to ensure only qualified individuals practice optometry or opticianry. It protects the public from unqualified practitioners who might otherwise exploit forged credentials.
Penalties for Non-Compliance: Sections 25(4) and 27
The Act imposes stringent penalties to enforce compliance. Section 25(4) sets out the penalties for contravening the prohibitions on unqualified practice or employment:
"(4) A person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both." — Section 25(4)
Verify Section 25 in source document →
Section 27 offences related to fraudulent registration carry penalties of up to $10,000 in fines or imprisonment for up to 2 years, or both, reflecting the serious nature of such misconduct.
"27. ... shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both." — Section 27
Verify Section 27 in source document →
These penalties exist to provide a strong deterrent against illegal practice and fraud, ensuring that the profession maintains high standards and public confidence.
Jurisdiction and Compounding of Offences: Sections 28 and 29
Section 28 clarifies that the District Court has jurisdiction to try offences under the Act and may impose the full range of penalties. This provision ensures that cases can be dealt with efficiently at a suitable judicial level.
"28. Despite anything to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has the power to impose the full penalty or punishment in respect of the offence." — Section 28
Verify Section 28 in source document →
Section 29 empowers the Board to compound certain offences by collecting fines up to specified limits, allowing for alternative resolution without court proceedings. This mechanism facilitates administrative efficiency and expedites enforcement.
"29.—(1) The Board may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: (a) one half of the amount of the maximum fine that is prescribed for the offence; (b) $2,000. (2) On payment of the sum of money mentioned in subsection (1), no further proceedings are to be taken against that person in respect of the offence. (3) All sums collected under this section must be paid into the Consolidated Fund." — Section 29
These provisions exist to balance the need for strict enforcement with practical considerations, allowing minor offences to be resolved promptly while reserving court action for more serious breaches.
Cross-References to Other Legislation
Section 28 explicitly references the Criminal Procedure Code 2010, indicating that despite any conflicting provisions in that Code, the District Court retains full jurisdiction over offences under the Optometrists and Opticians Act 2007. This cross-reference ensures clarity in jurisdictional matters and reinforces the authority of the District Court in handling these cases.
"28. Despite anything to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has the power to impose the full penalty or punishment in respect of the offence." — Section 28
Verify Section 28 in source document →
Conclusion
The key provisions of the Optometrists and Opticians Act 2007 collectively establish a robust regulatory framework to ensure that optometry and opticianry practices in Singapore are conducted only by qualified and registered professionals. The Act prohibits unqualified practice and advertising, denies fee recovery for unlawful acts, criminalizes fraudulent registration and certificate use, and sets out clear penalties and enforcement mechanisms. These provisions protect public health, maintain professional standards, and uphold the integrity of the optometry and opticianry professions.
Sections Covered in This Analysis
- Section 25 – Prohibition on unqualified practice and advertising; definition of qualified person
- Section 26 – Prohibition on fee recovery for unlawful acts
- Section 27 – Fraudulent registration and certificate offences
- Section 28 – District Court jurisdiction
- Section 29 – Compounding of offences
Source Documents
For the authoritative text, consult SSO.